ATTENTION: THE USE OF THE VOYEGO PLATFORM INDICATES THAT YOU ACCEPT THESE TERMS AND YOU AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE THE VOYEGO PLATFORM.

Voyego Platform:

Voyego platform is overall software and services platform intended to provide End Users the ability to view and purchase the hospitality industry services from Business Users. Voyego Platform is composed of Voyego Web Services and Voyego Local Applications. Voyego Web Services are available in internet and technically provided by Comtrade or Comtrade Contractual Partners. Voyego Web Services include both services that target human users and services that target automated systems. Voyego Local Applications are available for download from Voyego Web Services or application stores where Comtrade or its Comtrade Contractual Partners have an operational account. Voyego Local Applications are installed on End User’s or Business User’s devices. Voyego Local Applications may be installed or otherwise provided as OEM feature to devices by Comtrade Contractual Partners and/or Business Users. General purpose application markets, such as Google Play or Apple iTunes, are not part of Voyego Platform, even if Comtrade publishes Voyego Local Applications on them.

Involved Parties

Comtrade: Comtrade Inc., 275 Grove St. Suite 2-400, Newton, MA 02466, USA

Business User: Member of hospitality industry, that uses Voyego Platform to provide hospitality industry services to End Users. Comtrade may conclude additional Contract to this Terms of Use with Business User (“Business Contract”). In case of conflicts between Business Contract and these Terms of Use, Business Contract is prevailing. Business User is registered in Voyego Platform and uses assigned credentials to access the platform.

End user:  User of Voyego Platform, customer or potential customer for hospitality industry services provided by Business Users, either an individual or legal entity. End user may be registered and uses assigned credentials to access the platform, or may use the platform (limited functionality) without registration.

Comtrade Contractual Partners: Party that is not End User, nor Business User, and have a valid legal relationship with Comtrade related to part of the Voyego Platform. Examples include, but may not be limited to: Supplier of cloud services used to host Voyego Platform, payment providers used in Voyego Platform, parties that distribute Voyego Local Applications to End User’s and/or Business User’s devices. General purpose application markets, such as Google Play or Apple iTunes, are not considered a Comtrade Contractual Partner, even if Comtrade publishes Voyego Local Applications on them.

You: may apply to one or more of: an individual End User (consumer), an End User as a legal Entity, an individual representing an End User as a legal Entity, a Business User or an individual representing a Business User, depending on the context.

Business Services

Business Services are provided form Comtrade to Business Entities, to enable Businesses provide hospitality industry services to End users, using the Voyego platform.  Business Services include, but are not limited to, development, maintenance, deployment and hosting of software applications on Voyego Platform.

End User Services

Voyego End User Services: Overall services provided to End-User via Voyego Platform. This includes Service provided by Comtrade to End User and Services provided by Business Users to End Users, both via the Voyego platform.

Use of Voyego Platform

You are entering in legal relationship with Comtrade by using the Voyego Platform. You may use Voyego Platform either as End User or as Business User. Use of Voyego Platform is governed by these Terms of Use. The materials and databases in the Voyego Platform are copyrighted and any unauthorized use of any content from the Voyego Platform may violate copyright, trademark, and other laws. If you breach any of these terms, your authorization to use Voyego Platform automatically terminates and you must immediately destroy any copies of content in your control or/and possession.

Unless otherwise stated in legal notices elsewhere in Voyego Platform Comtrade hereby  authorizes End Users to use Voyego Platform for the purpose of choosing and purchasing hospitality industry services from Business Users, and Comtrade authorizes Business Users to use the Voyego Platform to provide and market hospitality industry services to End Users. Other use of Voyego Platform and materials in Voyego Platform is not permitted without prior written approval from Comtrade. You may not modify the materials and/or Voyego Platform in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other location for any purpose is prohibited. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access or other use from this Site will be governed by their own license terms, conditions and notices.

Except as expressly stated herein or any other part of Voyego Platform, nothing contained in the Voyego Platform may be construed as granting you any right or license to use any of the intellectual property rights found in Voyego Platform, whether by estoppel, implication or otherwise.

Purchase and Inquiry of Hospitality Industry Services

End Users and Business Users are the sole parties when it comes to the transaction of purchasing or inquiry for hospitality industry services via the Voyego Platform. Comtrade role is limited to operating the Voyego Platform to enable Business Users and End Users to interact.

Use of Software

If you download software from the Voyego Platform (“Voyego Local Applications”), use of the Voyego Local Applications is subject to these Terms of Use. Additional Voyego Local Application license terms may supplement these Terms of Use for specific Voyego Local Application. You may not download or install the Voyego Local Application until you have read and accepted these Terms of Use and all applicable license terms for specific Voyego Local Application.

Prices and Taxation

Business Users are responsible to post the prices, currency and taxation information with the hospitality industry services they provide to End Users via the Voyego Platform. Comtrade may provide technical means for Business Users to post this information, but the Business User is entirely responsible for the content and correctness of information posted.

Purchase

Purchasing hospitality industry services by End User from Business User creates contractual relationship between Business User and End User only. Comtrade is not part of this relationship. Business User is the only responsible party for hospitality industry services and goods it provides to End Users provided via the Voyego Platform

Return of Purchase

End Users that are consumers (do not act on behalf of legal entity) have the right to return purchased hospitality industry services in 14 days after the purchase, if not consumed, except for the cases limited by applicable law. The actual costs of return may apply. Business Users may grant End Users additional rights for the services they provide. Business Users may not restrict End Users rights defined by this Terms and Conditions. The return of Purchase is exercised between the End User and Business User, Comtrade does not warrant, nor provide for any such services.

Contact

All legal communication with regard to these Terms must be directed to:

Comtrade Inc.
275 Grove St. Suite 2-400
Newton
MA 02466
USA
Phone: +1 617 663 4871
File Number: 000964802

e-mail: info.us@comtrade.com (English)

Other contacts:

http://www.voyego.net/about-us/

Business Users are obliged to post their Contact information on visible place within the Content they submit.

Contact for security issues and penetration test requests: security@comtrade.com
(English, German, Serbian, Bosnian, Slovenian, Croatian)

You are kindly suggested to encrypt sensitive content when submitting security issues.

security@comtrade.com public PGP key:

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Other Terms and Licenses in Voyego Platform

Individual parts of Voyego Platform may be covered by separate terms of use or license agreements, either provided by Comtrade, Comtrade Contractual Partners, or Business User for the content and services provided from the part of Business User.

End User Submissions and Information

Any material, information or other communication End User transmits or post to the Voyego Platform (“End User Content”) will be considered non-confidential and non-proprietary. Comtrade is the sole owner of any End user Content collected on this site. Comtrade shall have no obligation of any kind with respect to such End User Content, and shall be free to use, reproduce, disclose and/or distribute End User Content to others without limitation and without an indication of the source, including, but not limited to, ideas, concepts, knowledge, experience and techniques such information will contain, for any purpose, including, but not limited to, development, production and marketing of products/services containing such information. Comtrade will not sell, share, or rent End User Content to others in ways different from what is disclosed in These Terms of Use.

You are prohibited from posting or transmitting to or from the Voyego Platform any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other End User Content that would violate any law. Comtrade is, to the maximum extent permitted by law, exempted from obligation to monitor End User Content for such materials. However Comtrade retains the right to remove such End User Content.

 

Business User Submissions and Information

Any material, information or other communication Business User transmits or posts to the Voyego Services (“Business User Content”) will be considered non-confidential and non-proprietary. Comtrade is the sole owner of any Business User Content collected on this site. Comtrade shall have no obligation of any kind with respect to such information and shall be free to use, reproduce, disclose and/or distribute them to others without limitation and without an indication of the source, including, but not limited to, ideas, concepts, knowledge, experience and techniques such information will contain, for the purpose of operating the Voyego Platform, including, but not limited to, development, production and marketing of products/services containing such information. Comtrade will not sell, share, or rent Business User Content to others in ways different from what is disclosed in These Terms of Use.

You are prohibited from posting or transmitting to or from the Voyego Platform any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other Business User Content that would violate any applicable law. Comtrade is, to the maximum extent permitted by law, exempted from obligation to monitor Business User Content for such materials. However Comtrade retains the right to remove such Business User Content.

Right to share Intellectual Property Rights and Incomes

Comtrade may, at its sole discretion share its intellectual property rights and Incomes, related to the Voyego Platform, to other parts of Comtrade group under arbitrary conditions, within limits of applicable laws.

No Transfer of Rights

You may not transfer any rights, related to the Voyego Platform, given to you by Comtrade or Comtrade Contractual Partners to anyone, without written permission from Comtrade.

Privacy and Protection of Personally Identifiable Information

At Comtrade, we understand that privacy and protection of personally identifiable data is an important issue for End User of the Voyego Platform. We also understand that individuals using the Voyego Platform on behalf of Business Users expect reasonable privacy.

Comtrade may collect certain personally identifiable information during your use of the Voyego Platform in order to operate the Voyego Platform and provide services to End Users and Business Users. Any collection, processing and sharing of such personally identifiable information in Voyego Platform will be in accordance with the Voyego Platform Privacy Policy and any applicable law.

Some parts of Voyego Platform may deposit certain bits of information, using Cookies and similar technologies (“Cookies”) to your device. General purpose of using Cookies in Voyego Platform is to operate certain features of Voyego Platform and to improve the Voyego Platform.

For more information about the use of Cookies in the Voyego Platform please check Voyego Platform Cookie Policy.

Links to Other Web Sites

Links to third party web sites in the Voyego Platform are provided solely as a convenience to you. Comtrade has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Comtrade does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Security

We maintain appropriate technical and organizational measures, internal controls, and data security routines intended to protect End User and Business User data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.

Communication between Voyego Web Services on one side and Voyego Local Applications and web browsers on other side is encrypted according to modern standards. End Users and Business Users are responsible that their devices support appropriate strength of encryption.

Security of Payments

Comtrade is not directly involved party in payment processing within Voyego Platform.

Comtrade itself maintains up to date Self-Assessment Questionnaire A and Attestation for the Voyego Platform.

Unacceptable Use

Voyego Platform is made available for the purpose of provision of hospitality industry services from Business Users to End Users only. Search engines are welcome to spider the Voyego Web Services and authorized locations where Voyego Local Applications are distributed, with slow purpose to make this information available in search results. Without Comtrade’s written permission, you are not allowed to monitor, spider, screen-scrape,  re-sell, deep-link, use, copy, display, download or reproduce any content or information, software, products or services available in the Voyego Platform for any commercial or competitive activity or purpose, except as stated above.

You may not reverse engineer, decompile, disassemble, or work around technical limitations in the Voyego Platform, except to the extent that applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any control or limitation that is part of Voyego Platform.

Comtrade may exercise applicable legal and technical measures in order to resist unacceptable use of the Voyego Platform. This may include prevention of offending End Users and/or Business Users from use of the Voyego Platform and, upon notification and 30 day option to withdraw the data from Voyego Platform, removal of their data.

Responsibility for your accounts

You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Voyego Platform. You must promptly notify Comtrade about any possible misuse of your accounts or authentication credentials or any security incident related to the Voyego Platform.

Addresses for submissions are stated in Contacts part of these Terms.

Real Identities

You must use your real identity data when you purchase or provide hospitality industry services.

Pentesting, Technical Evaluation of Security

You are allowed to test the security of the Voyego Platform in order to ensure that your data and services are properly secured in the Voyego Platform. You must get proper approval from Comtrade of such testing; otherwise Comtrade or Comtrade Contractual Partners may perceive your activities as an attack, which may expose you to the legal responsibility against Comtrade and penal responsibility according to applicable laws.

Comtrade welcomes reports of security issues, concerns, suggestions and other inquiries related to security of the Voyego Platform. Comtrade does not reward the submissions.

Addresses for submissions are stated in Contacts part of these Terms.

Throttling

Comtrade or Comtrade Contractual Partners may limit the number and/or frequency of requests that you can make to the Voyego Web Services to protect the Voyego Platform or to enforce reasonable limits on your use of the Voyego Platform. The Specific throttling limits may be changed at any time, with or without notice.

Disclaimer

COMTRADE IS NOT RESPONSIBLE FOR THE  INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES (“CONTENT”) SUMBITTED TO VOYEGO PLATFORM BY BUSINESS USERS OR END USERS. BUSINESS USERS AND END USERS THAT SUBMIT CONTENT REMAIN ENTIRELY RESPONSIBLE FOR SUBMITTED CONTENT. HOWEVER COMTRADE RETAINS THE RIGHT TO REMOVE THE CONTENT THAT VIOLATES THE APPLICABLE LAWS AND THESE TERMS OF USE, UPON NOTIFICATION OF SUCH CONTENT, OR DISCOVERY OF SUCH CONTENT ON ITS OWN.

EXCEPT FOR THE PURPOSE OF MAKING THE HOSPITALITY INDUSTRY SERVICES PROVIDED BY BUSINESS USERS AVAILABLE TO END USERS VIA THE VOYEGO PLATFORM, THE CONTENT  PROVIDED IN THE VOYEGO PLATFORM IS PROVIDED »AS IS« WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. COMTRADE EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT ALLOWED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. THE CONTENT IS INFORMATION OF A GENERAL NATURE ONLY, WHICH IS NOT INTENDED TO ADDRESS THE SPECIFIC CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY, AND IS NOT A PROFESSIONAL ADVICE.

COMTRADE WILL EXERCISE REASONABLE EFFORTS TO ENSURE THAT CONTENT OF THE VOYEGO PLATFORM IS ACCURATE, SUITABILE, RELIABLE, UP TO DATE AND/OR COMPLETE, AND THAT THE VOYEGO WEB SERVICES IS UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE. HOWEVER COMTRADE DOES NOT WARRANT THE AFORE MENTIONED PROPERTIES OF THE CONTENT AND SERVICES. COMTRADE MAY MAKE CHANGES TO THE VOYEGO PLATFORM, AT ANY TIME WITHOUT NOTICE. CONTENT PUBLISHED IN THE VOYEGO PLATFORM MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

Digital Millennium Copyright Act (DMCA)

Comtrade will respond to allegations of copyright violations of Voyego Platform only (not the content provided on the Voyego Platform, which is responsibility of Business Users) in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.

Comtrade may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law – the Voyego Platform Privacy Policy does not protect information provided in these notices.

To File a DMCA Notification

A written notification must be made. This must be done by written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
2. Identify the item in the Voyego Platform that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item. For example URL (Uniform Resource Locator).
3. Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
4. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that a Voyego Platform item is infringing your copyrights. We recommend contacting an attorney if you are unsure whether an item is protected by copyright laws.

Send the written document to address for legal communication under Contact section of these Terms of Use.

To file a DMCA counter-notification

1. List the Voyego Platform content items that were removed by the Voyego administrators, and the location at which the material appeared before it was removed. Please identify the object in sufficient detail, and when possible, the URL.
2. Provide your name, address, telephone number, email address (if available).
3. State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Boston, Massachusetts if your address is outside of the United States).
4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
6. Sign the paper.

Send the written document to address for legal communication under Contact section of these Terms of Use.

Limitation of Liability

IN NO EVENT WILL COMTRADE, COMTRADE CONTRACTUAL PARTNERS, BUSINES USERS OR OTHER THIRD PARTIES MENTIONED IN THE VOYEGO SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE VOYEGO PLATFORM, ANY WEB SITES AND SERVICES LINKED TO OR FROM THE VOYEGO PLATFORM, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE VOYEGO PLATFORM RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Applicable Laws

The use of Voyego Platform is governed by the Laws of the Commonwealth of Massachusetts. The competent court is the court of Massachusetts. Additional laws may apply to Business Users and End Users using the Voyego Platform, depending on their location and legal type.

Registered Trademarks

Any names, logos, trademarks or service marks appearing in the Voyego Platform are registered trademarks of any respective Comtrade group company and/or other respective owners. You may not use any of the name, logo, trademark or service mark without prior written approval of its rightful owner.

Severability

If any part of this agreement is held unenforceable, the rest remains in full force and effect.

Waiver

Failure to enforce any provision of this agreement will not constitute a waiver.

Entire agreement

These Terms of Use and the external items (such as Privacy Policy) referenced from these Terms of Use as their integral part, the entire agreement concerning its subject matter and supersede any prior or concurrent communications for End Users.

For Business Users these Terms of Use may be complemented with individual Business Contract between Comtrade (or member of Comtrade Group) and Business User. In case of conflicting clauses the individual agreement prevails over these Terms of Use.

Force majeure

Comtrade, Comtrade Contractual  Partners, and Business Users will not be liable for any failure in performance related to the Voyego Platform due to causes beyond its reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of Services). This section will not, however, apply to payment obligations of any party under this agreement.

Contracting Authority

If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this Agreement on that entity’s behalf.

General

Comtrade may revise these Terms of Use at any time by updating them. You should check the actual Terms of Use at the time of use of the Voyego Platform because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular part of the Voyego Platform.